Guide to making a Subject Access Request
These notes are intended only as a guide to completing the Subject Access Request form, not as a guide to the General Data Protection Regulation (GDPR). Further information on GDPR, Subject Access Requests and advice is also available from the website of the Information Commissioner’s Office (ICO) ico.org.uk
2. Your Rights
Under the GDPR you have (subject to certain exemptions) the right to be told whether Cramlington Learning Village (CLV), as a Data Controller, is holding or processing any information about you; and if so, to be provided with a copy of that information upon specific request. The records covered by the GDPR include all computer records and limited categories of manual records. Under GDPR a pupil, or someone acting on their behalf, has the right to access their personal information held by Cramlington Learning Village. GDPR does not specify an age at which a child can make their own request. The information from the ICO website will give you further advice.
3. The School’s Rights
Where an exemption is available under the GDPR, the School may not provide you with the information covered by the exemption. The main exemptions that may be applied are where the information held relates to:
- The prevention or detection of crime; or
- The apprehension or prosecution of offenders.
- Child Protection and Safeguarding- various Acts and Statutory Guidance
- Children Act 1989 – Section 47
- Children Act 2004 – Section 10 & 11
- Education Act 2002 – Section 175
Where the disclosure of the information would be likely to prejudice any of these purposes the School is not required to tell you whether any exemptions have been applied to any information that the school may provide, or whether any information has been withheld or the reason for the withholding of any information. A further exemption exists when information may be withheld in relation to the provision of examination marks before they are officially announced and copies of examination scripts.
4. Processing by the School
Applications will be processed promptly, but in any event a response will be made within one month, as permitted under the General Data Protection Regulation, from the date that the School receives the Subject Access Request along with your proof of identity and any additional documents/information requested by the School. Further guidance on access to pupils’ information held by schools in England can be obtained from the Information Commissioner’s Office.
5. About Yourself – Section 1
The information about yourself will assist the School in finding the information you require. You should complete this section fully and carefully as the information will be used as the basis for our internal searches.
For your protection, any correspondence that the School sends you (including any information that the School sends to you in response to your request) will be sent only to the home address that you give in Section 1.
Where you have submitted the request via any legal representative you are still required to complete the form in full and provide proof of identity. The School’s response will be sent to your legal representative’s registered offices.
6. Proof of identity
The School has a duty to ensure that the information it processes is secure; the School will only provide the information relating to you if satisfied regarding your identity, i.e. that you are entitled to the information. The School therefore requires you to provide reasonable proof of your identity. Examples of the types of identity documents that the will be accepted are listed in the form. Applications that do not include acceptable identity may be refused, but the School will contact you should this be the case.
In certain circumstances, proof of identity may not be require or the School may accept different forms of identification. These circumstances will be reviewed on a case by case basis.
The School does not have to give you any information that might identify any other individual unless that person agrees. If you believe that any information the School holds about you may identify another person, you may wish to obtain that person’s written consent (for you to be given his/her information). That should be submitted to the School with this application, along with their proof of identity (to the same standard as is required for yourself).
7. Helping the School to find the information
In order to assist with the data information search, please give as much detail as possible, avoiding open ended requests such as; ‘Provide me with all the data you hold on me’.
8. Refusal to comply with a request
The School can refuse to comply with a Subject Access Request if it is manifestly unfounded or excessive, taking into account whether the request is repetitive in nature.
If we consider that a request is manifestly unfounded or excessive we can:
- request a “reasonable fee” to deal with the request; or
- refuse to deal with the request.
In either case, the School will contact you to inform you of this decision.
When you have completed the form, please send it together with your proof of identity to
Data Protection Officer
Cramlington Learning Village
Forms that are incomplete will be returned for the applicant to complete in more detail, together with an explanation for the form being returned to you.